Federal Arbitration Act: Primary federal law (9 U.S.C. ยงยง 1-16) governing arbitration agreements in the US. Establishes validity and enforceability of arbitration agreements and preempts conflicting state laws.
State Arbitration Laws: Individual state statutes and the Uniform Arbitration Act (where adopted) that govern arbitration agreements at the state level, including specific state requirements for oral agreements.
Contract Formation Requirements: Basic elements necessary for valid contract formation including offer, acceptance, and consideration, as applied to oral arbitration agreements.
AT&T Mobility LLC v. Concepcion: Key 2011 Supreme Court case affecting the enforceability of arbitration agreements, particularly regarding class action waivers.
Epic Systems Corp. v. Lewis: 2018 Supreme Court case reinforcing the enforceability of individual arbitration agreements in employment contracts.
Statute of Frauds: Legal doctrine requiring certain types of contracts to be in writing; must be considered when evaluating enforceability of oral arbitration agreements.
Interstate Commerce Considerations: Requirements and implications when the arbitration agreement involves parties or transactions across state lines.
Arbitration Scope: Definition and limitations of what disputes can be covered under the oral arbitration agreement.
Arbitrator Selection: Process and criteria for selecting arbitrators must be clearly established, even in oral agreements.
Cost Allocation: Determination of how arbitration costs will be divided between parties, which must be addressed in the agreement.
